The Department of Communities (Communities) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.
All references to sections and regulations are to sections of the Schedule to the
Education and Care Services National Law (WA) Act 2012 (National Law) and regulations of the
Education and Care Services National Regulations 2012 (national regulations) unless otherwise specified.
Communities publishes details about the following enforcement actions for serious non-compliance:
- Suspension or cancellation of provider approvals, service approvals and of supervisor certificates.
- Issue of compliance notices.
- Imposition of conditions on approvals or certificates for purposes of enforcement.
- Acceptance by Communities of enforceable undertakings.
- Details of prosecutions or applications to the
State Administrative Tribunal.
Once published on the Department's website the enforcement action will remain listed for 24 months.
The State Administrative Tribunal (SAT) publishes its orders and decisions, with Communities providing an overview. When SAT has published the order, the Communities entry will contain a link to the particular order.
SAT now publishes its decisions on the eCourts website. To find SAT's orders and decisions under the National Law click on the link - which should be to the "Advanced Search" on the eCourts site - and enter the following:
- next to "Jurisdiction" choose "State Administrative Tribunal"
- next to "Act (NOT "Legislation") enter "
Education and Care Services National Law (WA) Act 2012"
- next to "Decision Type" choose "All".
This will bring up all consent orders and decisions by the Tribunal relating to the National Law. For consent orders the Tribunal will publish the order with a link to an "annexure". The annexure will set out all the agreed facts about the contravention of the National Law and what has been done to prevent future contraventions from occurring.
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